How exactly do i file a petition for custody? Can anyone do it?
2007-03-07 02:19:16 · 5 answers · asked by gone_fishing94 1 in Politics & Government ➔ Law & Ethics
You didn't give much information. Relevant information would include: State you live in, your current relationship with the child(ren)'s other parent. That said, I can give you some general legal advice:
1) You can do the matter pro se. However, it would be incredibly unwise to do so. If the matter is a contested matter, your partner will most likely hire an attorney. The attorney will be versed in the laws of your state, know the proper procedure, and will work to defeat your position. You may end up finding that you have to hire an attorney to prevent you from losing custody entirely... and that may be more expensive than hiring an attorney to do the job right in the first place.
2) IF you and the child's partner are married, then, depending on the laws of your state, you may need to file a petition for divorce or legal seperation in order to obtain custody. However, the requirements for this vary from state to state, and this is why you need the services of an attorney. The court clerks are NOT allowed to give you advice on what forms to file and how to fill them out.
3) IF you are not married, then you may need to establish paternity prior to a determination of custody. In that case, a whole different set of laws apply, which again, vary from state to state. If you do it incorrectly, you have to start over, or worse, end up with a determination which will leave you worse off.
The bottom line is, for all the reasons above, you need an attorney licensed in your state to help you with this. For a referral, contact your local or state bar association. Your child(ren) are worth the fee, aren't they?
2007-03-07 07:03:18 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
Go to the child support court for your district. Tell them you want to file a prose case (this means yourself). They will have special motion forms that are easy to fill out and not as complicated as you might think. You will have to pay a fee. Then they will give you a court date. Do your homework though. You can still at any point get a lawyer.
2007-03-07 02:50:22 · answer #2 · answered by Toolegit 5 · 0⤊ 0⤋
we need more info are you getting divorced? or never married ?
well from my experience in nj court system if your not a female dont waist your money you wont get full custody anyway nomatter if you have a lawyer or not.but you go to your local court house and ask for an application for a motion of custody and you fill it out some courts do have a fee for this some dont or go to county and state search for courts in your area and see if you can accses and application online some states offer this but of course not jersey
2007-03-07 02:36:30 · answer #3 · answered by Anonymous · 0⤊ 0⤋
No prescribed petition form, simply draft it giving full and complete details and file. The welfare of the minor child is considered more in addition to applicant's capability compared to other side's. Lawyers not very essential for those who can prosecute their own cases.
2007-03-07 08:35:21 · answer #4 · answered by Anonymous · 0⤊ 0⤋
you could document the preliminary petition on your guy or woman. i could advise hiring a criminal expert that may additionally assist you. pass to the courthouse in you county and there could be some do it your self varieties which you will fill out to start the ball rolling. each so often (counting on the state you reside in) you could print the varieties on line. there's a submitting fee.
2016-11-23 13:07:03 · answer #5 · answered by jorelus 4 · 0⤊ 0⤋